Rights As Security

Author : Eva-Maria Kieninger
Publisher : Springer Nature
Page : 711 pages
File Size : 47,9 Mb
Release : 2020-06-11
Category : Law
ISBN : 9783030441913

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Security Rights in Intellectual Property by Eva-Maria Kieninger Pdf

This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.

Author : Aneira J. Edmunds
Publisher : Anthem Press
Page : 94 pages
File Size : 49,6 Mb
Release : 2023-12-05
Category : Social Science
ISBN : 9781839984495

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Human Rights, Security Politics and Embodiment by Aneira J. Edmunds Pdf

Virtuous institutions, such as human rights ones, have been neglected by securitization theory’s focus on the national state apparatus as the key driver of security politics. This book challenges this assumption, showing the ways institutional human rights, deemed the most progressive of rights, have been complicit in rendering the body vulnerable. While the book principally focuses on the treatment of the veiled woman, it also considers wider cases involving torture: the ultimate removal of control over one’s body and biggest transgression of human rights’ supposed foundational commitment to bodily integrity.

Author : Stanley A. Cohen
Publisher : Markham : LexisNexis Butterworths
Page : 584 pages
File Size : 53,9 Mb
Release : 2005
Category : Criminal justice, Administration of
ISBN : 0433447443

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Privacy, Crime and Terror by Stanley A. Cohen Pdf

Author : Eva-Maria Kieninger
Publisher : Cambridge University Press
Page : 827 pages
File Size : 51,8 Mb
Release : 2004-08-26
Category : Law
ISBN : 9781139454759

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Security Rights in Movable Property in European Private Law by Eva-Maria Kieninger Pdf

For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Author : Rhonda Powell
Publisher : Oxford University Press
Page : 208 pages
File Size : 50,9 Mb
Release : 2019-02-21
Category : Law
ISBN : 9780191038495

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Rights as Security by Rhonda Powell Pdf

The right to security of person is widely recognized but little understood. Courts, legislatures, and scholars disagree about how the right to security of person should be defined. This book investigates the meaning of the right to security of person through an analysis of its constituent parts. Applying an original conceptual analysis of 'security', the right to security of person imposes both positive and negative duties. Also, identifying the interests to be protected by the right requires a theory of personhood or wellbeing such as Amartya Sen and Martha Nussbaum's 'capabilities approach'. It is accepted that any existing legal rights to security of person must be artificially delineated in order not to overstep the boundaries of other rights. In recognition of the naturally broad meaning of the right to security of person, it is proposed that human rights law as a whole should be seen as a mechanism to further security of person: rights as security.

Author : Benjamin J Goold,Liora Lazarus
Publisher : Bloomsbury Publishing
Page : 535 pages
File Size : 44,8 Mb
Release : 2019-09-05
Category : Law
ISBN : 9781509917778

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Security and Human Rights by Benjamin J Goold,Liora Lazarus Pdf

This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key challenges facing governments throughout the world. The first edition broke the disciplinary confines in which security was often analysed before and after the events of 11 September 2001. The second edition continues in this tradition, presenting a collection of essays from leading academics and practitioners in the fields of criminal justice, public law, privacy law, international law, and critical social theory. The collection offers genuinely multidisciplinary perspectives on the relationship between security and human rights. In addition to exploring how the demands of security might be reconciled with the protection of established rights, Security and Human Rights provides fresh insight into the broader legal and political challenges that lie ahead as states attempt to control crime, prevent terrorism, and protect their citizens. The volume features a set of new essays that engage with the most pressing questions facing security and human rights in the twenty-first century and is essential reading for all those working in the area.

Author : Barbara Hudson,Synnove Ugelvik
Publisher : Routledge
Page : 299 pages
File Size : 47,8 Mb
Release : 2012-01-30
Category : Social Science
ISBN : 9781136451027

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Justice and Security in the 21st Century by Barbara Hudson,Synnove Ugelvik Pdf

This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.

Author : Karen Bennett,Danna Ingleton,Alice Nah,James Savage
Publisher : Routledge
Page : 126 pages
File Size : 49,6 Mb
Release : 2018-04-19
Category : Law
ISBN : 9781134828753

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Critical Perspectives on the Security and Protection of Human Rights Defenders by Karen Bennett,Danna Ingleton,Alice Nah,James Savage Pdf

Human rights defenders – who by peaceful means advocate, mobilise and often put their lives at risk to defend the most fundamental freedoms of their fellow citizens – are key agents of change in their own societies and make a significant contribution to the international community's efforts to support democracy and human rights. Defenders often face serious threats and can experience harm by state and non-state actors. Since the United Nations General Assembly's adoption of the Declaration on Human Rights Defenders in 1998, there has been considerable effort to recognise and protect the right of individuals, groups and communities to promote and protect their own rights and the rights of others. Over time, a multi-level, multi-actor international protection regime for the rights of human rights defenders has emerged, which is based on existing rights derived from the international human rights regime. The authors in this book reflect on the positive developments that have emerged over time to strengthen the protection of defenders, as well as the debates, tensions and contestations in such practices. This collection provides a critical appraisal of the construction, function, ethical boundaries, and evolution of this protection regime, as well as its multi-scalar social and political effects. In particular, the authors consider the effectiveness of particular international and regional protection mechanisms for the protection of defenders, and examine the relationship between repression, activism, and tactics for managing risks in the face of danger. This book was originally published as a special issue of the International Journal of Human Rights.

Author : Gerard McCormack,Reinhard Bork
Publisher : Unknown
Page : 0 pages
File Size : 40,7 Mb
Release : 2017
Category : Bankruptcy
ISBN : 1780683170

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Security Rights and the European Insolvency Regulation by Gerard McCormack,Reinhard Bork Pdf

A comparative analysis of security rights in insolvency proceedings under the main legal traditions of the European Union (common law, Germanic, Napoleonic Code and East European) in the context of Articles 5 and 13 of the European Insolvency Regulation Regulation 1346/2000.

Author : Ben Stanford,Steve Foster,Carlos Espaliu Berdud
Publisher : Routledge
Page : 220 pages
File Size : 43,8 Mb
Release : 2021-12-29
Category : Law
ISBN : 9781000515121

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Global Pandemic, Security and Human Rights by Ben Stanford,Steve Foster,Carlos Espaliu Berdud Pdf

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community. The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.

Author : Helena Torroja
Publisher : Springer
Page : 158 pages
File Size : 45,5 Mb
Release : 2017-11-23
Category : Law
ISBN : 9783319660981

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Public International Law and Human Rights Violations by Private Military and Security Companies by Helena Torroja Pdf

This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs’ impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.

Author : Iain Cameron
Publisher : BRILL
Page : 509 pages
File Size : 48,5 Mb
Release : 2021-11-22
Category : Law
ISBN : 9789004480902

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National Security and the European Convention on Human Rights by Iain Cameron Pdf

The primary aim of this study as a whole is to examine how useful a safeguard the Convention is, and can be, in the sensitive area of national security law and practice. The first part of the book consists of an examination of the national security concept generally in the Convention and the context of national security concerns in European states. The second part of the book is devoted to detailed studies of secret surveillance and security data registers, both of the court and commission's case law and of national laws in the field. The third part of the book consists of an article-by-article analysis of the case law of the commission and the court dealing with national security. The book is of interest to academics, practising lawyers and legislators interested in human rights and national security issues.

Author : Alexandra Schultheis Moore
Publisher : Routledge
Page : 262 pages
File Size : 43,7 Mb
Release : 2015-10-23
Category : Literary Criticism
ISBN : 9781317507314

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Vulnerability and Security in Human Rights Literature and Visual Culture by Alexandra Schultheis Moore Pdf

This book responds to the failures of human rights—the way its institutions and norms reproduce geopolitical imbalances and social exclusions—through an analysis of how literary and visual culture can make visible human rights claims that are foreclosed in official discourses. Moore draws on theories of vulnerability, precarity, and dispossession to argue for the necessity of recognizing the embodied and material contexts of human rights subjects. At the same time, she demonstrates how these theories run the risk of reproducing the structural imbalances that lie at the core of critiques of human rights. Pairing conventional human rights genres—legal instruments, human rights reports, reportage, and humanitarian campaigns—with literary and visual culture, Moore develops a transnational feminist reading praxis of five sites of rights and their violation over the past fifty years: UN human rights instruments and child soldiers in Nigerian literature; human rights reporting and novels that address state-sponsored ethnocide in Zimbabwe; the international humanitarian campaigns and disaster capitalism in fiction of Bhopal, India; the work of Médecins Sans Frontières in the Sahel, Afghanistan, Democratic Republic of Congo, and Burma as represented in various media campaigns and in photo/graphic narratives; and, finally, the human rights campaigns, fiction, and film that have brought Indonesia’s history of anti-leftist violence into contemporary public debate. These case studies underscore how human rights norms are always subject to conditions of imaginative representation, and how literature and visual culture participate in that cultural imaginary. Expanding feminist theories of embodied and imposed vulnerability, Moore demonstrates the importance of situating human rights violations not only in the context of neo-liberal development policies but also in relation to the growth of security networks that serve the nation-state often at the expense of the security of specific subjects and populations. In place of conventional victims and agents, the intersection of vulnerability and human rights opens up readings of human rights claims and suffering that are, at once, embodied and shareable, yet which run the risk of cooptation by security rhetoric.

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

Author : Kasey McCall-Smith,Andrea Birdsall,Elisenda Casanas Adam
Publisher : Edward Elgar Publishing
Page : 288 pages
File Size : 46,6 Mb
Release : 2020-11-27
Category : Political Science
ISBN : 9781789909890

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Human Rights in Times of Transition by Kasey McCall-Smith,Andrea Birdsall,Elisenda Casanas Adam Pdf

This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas.